LauraT2002
05-24-2007, 10:52 AM
I have an employee who is a recovering addict. She is currently enrolled in an aftercare program and participated in an outpatient treatment program prior to employment. I believe that she is a valuable employee and have no qualms about her employment. My concern is that two other employees have learned of this and at least one of them has talked to an outside party about this. Are there any laws that protect her from this or from my Board of Directors deciding to fire her based soley on this.
moburkes
05-24-2007, 12:48 PM
I have an employee who is a recovering addict. She is currently enrolled in an aftercare program and participated in an outpatient treatment program prior to employment. I believe that she is a valuable employee and have no qualms about her employment. My concern is that two other employees have learned of this and at least one of them has talked to an outside party about this. Are there any laws that protect her from this or from my Board of Directors deciding to fire her based soley on this.
You're saying that you want to fire her over something that you knew about prior to her being employed there? Why would you do that? Why wouldn't you talk to the other employee about disclosing confidential information?
ElleMD
05-24-2007, 01:37 PM
I think the concern is that while Laura doesn't have a problem with this, other employees are discussing it and if word gets to the Board, the Board may want to term on this basis. Assuming you are large enough for ADA to be a factor (15 or more employees), she can nto be terminated because she has a history of addiction. Current use is not protected by ADA, though seeking treatment would be covered by FMLA.
mesaarizonalady
07-07-2007, 09:18 AM
I think the concern is that while Laura doesn't have a problem with this, other employees are discussing it and if word gets to the Board, the Board may want to term on this basis. Assuming you are large enough for ADA to be a factor (15 or more employees), she can nto be terminated because she has a history of addiction. Current use is not protected by ADA, though seeking treatment would be covered by FMLA.
As a many years recovering person myself I jsut have to wonder how the word got out and why the coworkers feel it is their right or need to either discuss it among themselves OR go to an outside party about it? How does it effect them in any way ?? Ticks me off actually. I never hid my books or anything else on my desk in relation to my recovery - but I also never advertised it - if someone asked I would tell them but one thing for durn sure that I actually said to someone once was that my sobriety or lack thereof - whatever the case may be was NOT open for "discussion" with coworkers. I also always said that if my bosses didnt have a problem with it then they shouldnt either and if they did - well then too bad ! I commend you as a boss for realizing the potential of a good employee based on their performance and not their past. When it first came out in my last employment my top controller DID try to tell my immediate supervisor to get rid of me after the first 3 months when he found out and my immediate supervisor said NO - she hasnt done anything wrong here and I am keeping her and it never got brought up again in the next 7 years
ElleMD
07-07-2007, 08:48 PM
As this post is several months old, the company had undoubtedly taken whatever action they intended already.
Employees gossip. It happens. If you are the target, no you arne't going to like it but merely being talked about isn't illegal.
mesaarizonalady
07-07-2007, 09:05 PM
As this post is several months old, the company had undoubtedly taken whatever action they intended already.
Employees gossip. It happens. If you are the target, no you arne't going to like it but merely being talked about isn't illegal.
didnt look at the date, pardon me
and in my thinking the management should be able to tell the offending gossips to knock it off, sure they wont but they will at least be on the warning that their gossip is known. Would be interested, since as you point out, that this is a ways back, on how the whole deal did end up.